The Restatement Approach to Battery | Jonathan Zittrain | August 13, 2011


This is the old version of the H2O platform and is now read-only. This means you can view content but cannot create content. You can access the new platform at Thank you.

The Restatement Approach to Battery

Restatement (Third) of Torts

Liability For Intentional Physical Harm

     An actor who intentionally causes physical harm is subject to liability for that harm.

Restatement (Second) of Torts

     (1) An actor is subject to liability to another for battery if

          (a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and

          (b) an offensive contact with the person of the other directly or indirectly results.

     (2) An act which is not done with the intention stated in Subsection (1, a) does not make the actor liable to the other for a mere offensive contact with the other's person although the act involves an unreasonable risk of inflicting it and, therefore, would be negligent or reckless if the risk threatened bodily harm.


Text Information

June 03, 2014

American Law Institute

battery torts

Author Stats

Jonathan Zittrain

Leitura Garamond Futura Verdana Proxima Nova Dagny Web
small medium large extra-large